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UNITED STATES v. WELLS (2021)

United States Court of Appeals, Fourth Circuit.2021-07-07No. No. 20-7003

Summary

Holding. The court dismissed the appeal and denied the certificate of appealability because Wells did not make the requisite showing that reasonable jurists could debate either the district court's constitutional analysis or the procedural grounds for denial.

Gerard Oneil Wells filed a motion under 28 U.S.C. § 2255 seeking federal habeas relief, which the district court denied. To appeal that denial, Wells needed to obtain a certificate of appealability by demonstrating either that reasonable jurists could debate the district court's assessment of his constitutional claims (if denied on the merits) or that both the procedural ruling and the underlying constitutional claim were debatable (if denied on procedural grounds). The appellate court reviewed the record and determined that Wells failed to meet either standard for obtaining the certificate.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Certificate of appealability standard for § 2255 motions
  • What constitutes a 'substantial showing of denial of a constitutional right'
  • Differences between merits-based and procedurally-based denials in § 2255 appeals

Procedural posture

Wells appealed the district court's denial of his § 2255 habeas motion to the circuit court, which evaluated whether he qualified for a certificate of appealability.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Gerard Oneil Wells seeks to appeal the district courts order denying relief on his 28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by showing that reasonable jurists could find the district courts assessment of the constitutional claims debatable or wrong. See Buck v. Davis, ––– U.S. ––––, 137 S. Ct. 759, 773-74, 197 L.Ed.2d 1 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S. 134, 140-41, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

We have independently reviewed the record and conclude that Wells has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.